Commonwealth Numbered Acts

Health Legislation Amendment Act 1983 No. 54 of 1983 - SECT 5

5. (1) Sections 3A and 3B of the Principal Act are repealed and the following
section is substituted: Certification of in-patient as needing acute care

''3B. (1) A medical practitioner may give a certificate in writing in
accordance with the approved form stating that, in his opinion, a person who
is an in-patient in a hospital is, or will be, in need of acute care for at
least the period specified in the certificate, being a period commencing not
later than 7 days after the certificate is given and ending not later than 30
days after the commencement of the period.

''(2) A certificate under sub-section (1) comes into force on the commencement
of the period specified in the certificate and continues in force until the
expiration of that period.

''(3) Where a certificate is given under sub-section (1) by a medical
practitioner in respect of a person but is not in force, and the medical
practitioner becomes of the opinion that the person will no longer be in need
of acute care for at least the period specified in the certificate, he shall
revoke the certificate, but nothing in this sub-section precludes him from
giving a certificate under sub-section (1) in respect of the person that
specifies a period shorter than that first-mentioned period.

''(4) Where a certificate given by a medical practitioner in respect of a
person is in force under sub-section (1) and the medical practitioner becomes
of the opinion that the person is no longer in need of acute care, he shall
revoke the certificate.

''(5) Where a certificate has been given under sub-section (1), the
Permanent Head-

   (a)  may, of his own motion, within 14 days after he became aware of the
        giving of the certificate; and

   (b)  shall, within 14 days after an application in writing is made to him
        by a registered organization, being an application made within 60 days
        after the certificate was given,
request a Committee to review the certificate.

''(6) After reviewing a certificate given under sub-section (1), the Committee
shall, if it is of the opinion that the certificate should be varied or
revoked, recommend to the Permanent Head accordingly.

''(7) Upon the receipt of a recommendation for the variation or revocation of
a certificate, the Permanent Head may, by writing signed by him, vary or
revoke the certificate with effect from the date on which the certificate was
given or such later date as he specifies, but nothing in this sub-section
requires him to act in accordance with the recommendation.

''(8) The Permanent Head may, in relation to each State and each Territory,
establish a Committee or Committees to be known as the Acute Care Advisory
Committee, or the Acute Care Advisory Committees, for the State or Territory.

''(9) A Committee shall consist of such persons as, subject to and in
accordance with the regulations, the Permanent Head appoints.

''(10) A member of a Committee shall be paid such fees and allowances as are
determined by the Remuneration Tribunal and shall hold office on such terms
and conditions as the Permanent Head determines.

''(11) In this section, 'Committee' means an Acute Care Advisory Committee
established under this section.''.

(2) Notwithstanding the repeal of section 3B of the Principal Act effected by
sub-section (1) of this section, a certificate given by a medical practitioner
in force under sub-section 3B (1) of the Principal Act immediately before the
date of commencement of this section certifyng that, in his opinion, a person
who is an in-patient in a hospital is, and will continue to be for at least
the period that the certificate is in force, in need of acute care, continues
in force, on and after that date, as if it had been given under sub-section 3B
(1) of the Principal Act as amended by this section.